Attorneys’ Fees: The American Rule, Exceptions, and Effective Recovery

M. Elizabeth Roper | Butler Snow LLP

Beth is a member of Butler Snow’s Pharmaceutical, Medical Device and Healthcare group. She focuses her practice on appellate and written advocacy and drug and device litigation. She drafts dispositive motions on the motion teams in the pelvic mesh product liability litigation and other major product liability litigations. She has also served as appellate counsel in medical device cases in the Second, Fourth, and Sixth Circuit Courts of Appeals. Since 2021, Beth has been recognized by Best Lawyers in America® — Ones to Watch for her work in Health Care Law. She earned her Juris Doctor from Vanderbilt University Law School, her master’s degree from Reformed Theological Seminary and her bachelor’s degree from Mississippi College. She is admitted to practice in Florida and Mississippi.

Katelyn R. Ashton | Butler Snow LLP

Katelyn is a member of Butler Snow’s Pharmaceutical, Medical Device and Healthcare group. Her practice is focused on the representation and defense of manufacturers in complex products liability litigation in state and federal courts, with an emphasis on prescription drugs, medical devices, and chemicals. She was a member of the Motions Team in the largest MDL in history and has experience in various other aspects of discovery and trial work, including drafting company discovery responses, taking plaintiff and witness depositions, and providing pre-trial and on-site trial support to lead trial and appellate trial counsel. Best Lawyers in America® selected her as one of its “Ones to Watch” for Health Care Law and Product Liability Litigation. She is admitted to practice in Tennessee.

Denise S. Lee | Butler Snow LLP

Denise is a member of Butler Snow’s Pharmaceutical, Medical Device and Healthcare Litigation group. Her practice is focused on the representation and defense of manufacturers in complex products liability litigation. She earned her bachelor’s degree from Rhodes College and received both her master of business administration and Juris Doctor from the University of Memphis. During law school, Denise received CALI Awards in Civil Procedure I, Civil Procedure II, Trial Advocacy, Remedies, Insurance Law, Commercial Law, Employee Benefits, and Legal Drafting: Litigation. She also served on the staff and as Note Editor of The University of Memphis Law Review. Denise is a member of the Memphis and Tennessee Bar Associations.

Emilee S. Crocker | Butler Snow LLP

Emilee joined Butler Snow’s Pharmaceutical, Medical Device and Healthcare Litigation group in 2024. Her practice is focused on the representation and defense of product manufacturers in complex litigation. Emilee obtained her bachelor’s degree in Biosystems Engineering from the University of Tennessee and Juris Doctor from the University of Mississippi, where she served as a staff editor and associate case editor on the Mississippi Law Journal. She is admitted to practice in Tennessee.

I. The American Rule on Payment of Attorneys’ Fees | 1:00pm – 1:15pm

II. Contractual Fee-Shifting Provisions | 1:15pm – 1:30pm

III. Statutory Fee-Shifting in Civil Litigation | 1:30pm – 1:45pm

IV. Sanctions and Attorneys’ Fees Awards | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

V. Offers of Judgment as a Defense Strategy | 2:10pm – 2:20pm

VI. Availability to Recover Fees via Offers of Judgment Across Jurisdictions | 2:20pm – 2:30pm

VII. Considerations in Documenting Attorneys’ Fees | 2:30pm – 2:45pm

VIII. Moving for Attorneys’ Fees in the Context of Offers of Judgment | 2:45pm – 2:55pm

IX. Legal and Ethical Considerations in Fee Recovery | 2:55pm – 3:10pm